Common use of THE CLAIMS ADMINISTRATOR Clause in Contracts

THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. (b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement. (c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies. (d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Except as provided herein, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement. (e) The Claims Administrator shall provide the data in its claims administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other party when made. (f) Within one hundred-ninety (190) days after the Effective Date, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.

THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. (b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement. (c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein. herein pursuant to the terms of a Non- Disclosure and Confidentially Agreement substantially similar to Exhibit B. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants Defendants’ Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies.the Non-Disclosure and Confidentiality Agreement attached hereto as Exhibit B. (d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Defendant shall be required to report amounts credited to members pursuant to subsection 8(d)(v) (1) on each member’s annual statement. Except as provided herein, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement. (e) The Claims Administrator shall provide the data in its claims administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other party when made. (f) Within one hundred-ninety (190) days after the Effective Date, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.

THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. (b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement. (c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants Defendant’s Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies. Class Counsel shall not be permitted to contact or communicate with Class Members, other than for purposes relating to the implementation or verification of performance of the terms of this Agreement. (d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Except as provided herein, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement. (e) The Claims Administrator shall provide the data in its claims administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other party when made. (f) Within one hundred-hundred ninety (190) days after the Effective DateDate or such other date as required by the Court, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.

THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. (b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement. (c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies. (d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Except as provided herein, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement. (e) The Claims Administrator shall provide the data in its claims administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other party when made. (f) Within one hundred-ninety (190) days after the Effective Date, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.

THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. (b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement. (c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies. (d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Except as provided herein, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement. (e) The Claims Administrator shall provide the data in its claims administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other party when made. (f) Any notice required under the Class Action Fairness Act, 28 U.S.C. § 1715 shall be paid out of the Settlement Fund. (g) Within one hundred-ninety (190) days after the Effective Date, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.